Gingrich

 

Lobbyist Proposal Leaves Loopholes for Stealth Lobbyists

The Washington Post reported yesterday on new lobbyist regulations being proposed by the American League of Lobbyists. According to the report, ALL recommends eliminating the 20 percent loophole for lobbyists for hire. That would mean powerful stealth lobbyists like Tom Daschle, Newt Gingrich and Jon Corzine would have to register. ALL’s proposal would reduce the size of the loophole for in-house lobbyists, but just barely. It would allow lobbyists who work in-house to fly under the radar by claiming they spent less than 15 percent of their time lobbying. Sunlight has been advocating closing the 20 percent loophole for all lobbyists since before it was cool.

Sunlight’s position is simple. If you lobby, and you are paid to lobby, you should register to lobby. Twenty percent, fifteen percent, in house or not, it makes no difference.

Any carve out will be exploited, giving power players a way to hide their activities. Take Chris Dodd. The head of the Motion Picture Association of America is a former powerful senator who undoubtedly has the private numbers of many current members of Congress programmed into his cell phone. He’s not registered now, and there is no reason to think he would register simply because the threshold was lowered from 20 to 15 percent. Yet he has far more access and far more power than I, an outside lobbyist consultant to Sunlight, or the vast majority of lobbyists-for-hire could hope to have. Why give him a pass?

ALL is not the only group with a proposal to reform lobbying. The American Bar Association has a set of recommendations (that includes eliminating the 20 percent loophole, among other things), as of course, does Sunlight. Lobbying reform legislation has been introduced in Congress, and the President continues to talk about the issue. With all of the suggestions, ideas and competing (and overlapping) proposals, the time is ripe for Congress to take the issue of lobbying reform seriously. A start would be to hold hearings so that advocates could fully explain their positions and members of Congress could start to build a record and build a consensus for meaningful reform.

Gingrich not a Lobbyist? Time to Change the Definition

Bill Clinton famously tried to claim he hadn’t lied about his relationship Monica Lewinsky by saying, "It depends on what the meaning of the word 'is' is.” Newt Gingrich similarly contorts the English language by claiming “I was never a lobbyist.” Perhaps Gingrich’s claim depends on what the meaning of the word “lobbyist” is. If it is the loophole ridden, easily evaded legal definition in the Lobbying Disclosure Act that allows power brokers to avoid registering as lobbyists if they spend less than 20 percent of their time lobbying, then maybe, maybe, Gingrich can claim with a straight face that he was not a lobbyist. But if common sense and Miriam Webster are applied, to lobby means, “to conduct activities aimed at influencing public officials and especially members of a legislative body on legislation.” Under that definition, there can be no doubt that Gingrich was a lobbyist, even if he didn’t fill out the paperwork.

The New York Times today correctly notes that people of Gingrich’s stature never register as lobbyists. It’s time to change that. Former members of Congress who trade their political connections for paychecks must be required register and report as lobbyists so that the public knows who is paying them and what positions they are advocating. Sunlight has long supported legislation that would strengthen the definition of lobbyist by eliminating the 20 percent loophole. The law should be clear. Former members of Congress should not be able to call themselves “consultants,” “strategic advisors,” or “historians,” while taking money from corporate clients to advance their causes on Capitol Hill. They are lobbyists.

Anti-lobbyist barbs will continue to fly this election season because they win easy political points. But instead of accusations and denials, name calling and obfuscation, it’s time for real reform that will capture all who lobby and impose much needed accountability on the system.